A Philippine legal-context article on what you can potentially claim, when you can claim it, and how these cases are commonly evaluated.
1) The situation: what “rescinded job offer” can legally mean
In real life, “rescinded” can cover very different legal scenarios. Your rights depend heavily on what exactly happened and what documents/communications exist.
Common variants:
Offer was made but you never accepted. Example: you received an offer letter but did not sign/confirm acceptance yet.
Offer was accepted (signed or clearly accepted in writing), then withdrawn before Day 1. Example: you signed an offer letter, resigned from your old job, then the new employer cancels.
Offer was “conditional,” you accepted, then the employer says you failed a condition. Example: background check, medical clearance, board approval, budget approval, client confirmation, etc.
You already started work, then were told “sorry, offer is cancelled.” At that point, this is typically no longer just “rescission of offer”—it can become termination / dismissal issues.
This article focuses mainly on rescinded offers before you start (the most common).
2) Key Philippine legal idea: a job offer can be a contract
In Philippine law, employment is still a contractual relationship. A “job offer” becomes legally meaningful when the elements of a contract are present—especially consent (offer + acceptance).
A. When there’s likely no binding contract yet
Usually, there’s no enforceable hiring contract if:
- the employer merely said you are “for hiring” or “recommended,” but no definite offer was made; or
- you received a draft offer but did not accept; or
- the “offer” is explicitly “subject to approval” and approval never came, and this was clearly communicated.
B. When there’s likely a binding agreement
There’s a stronger argument that a contract exists when:
- the offer states definite terms (position, start date, salary, benefits); and
- you accepted (signed, replied “I accept,” or complied with an acceptance procedure); and
- both sides clearly intended to be bound (not merely “for discussion”).
Even if onboarding paperwork isn’t finished, acceptance of a definite offer can still be treated as an agreement—especially when you can show the employer treated you as hired (welcome email, start date instructions, pre-employment requirements, equipment request, etc.).
3) Why jurisdiction matters: labor case or civil case?
A frequent shock in the Philippines is that not every hiring dispute is automatically a “labor case.”
General rule of thumb
- If there was no employer–employee relationship yet (you never started work), disputes are often treated as civil law claims (e.g., breach of contract / damages) rather than classic illegal dismissal claims.
- If you already started working, then labor remedies (reinstatement/backwages, due process, authorized causes, etc.) become much more relevant.
That said, many disputes still go through administrative conciliation/mediation channels first because it’s faster and cheaper than court, even if the eventual enforceability is civil.
4) The most important practical distinction: “conditional” vs “firm” offers
Employers commonly protect themselves using conditional offers. In the Philippines, these can be valid—if the condition is real, clear, and applied in good faith.
A. Conditional offers
Typical conditions:
- passing medical exam / fitness-to-work clearance
- background/reference checks
- submission of documents
- client approval (for deployed roles)
- headcount/budget approval
- board/management approval
- work visa/permit approval (if applicable)
If the offer clearly says it is conditional and the condition fails, the employer may have a defensible reason to withdraw—but they still must act in good faith. A “condition” shouldn’t be used as a pretext for arbitrary or discriminatory withdrawal.
B. Firm offers
If the offer is definite and not meaningfully conditional, withdrawal after acceptance looks more like breach of a binding agreement, especially when the candidate relied on it.
5) What rights and claims might exist after a rescinded offer?
Because pre-employment disputes often fall under civil law principles, the “rights” usually translate into claims for damages (money), rather than reinstatement.
A. Possible claim: breach of contract (if you accepted)
If there was a contract and the employer withdrew without lawful basis under the terms, you may argue breach. Remedies can include:
- Actual (compensatory) damages: reimbursement of proven losses caused by the breach
- Nominal damages: if a right was violated but losses are hard to prove
- Moral damages: only in specific situations—typically when there is bad faith, fraud, or an oppressive manner of dealing
- Exemplary damages: usually requires a showing of bad faith/wantonness and is discretionary
- Attorney’s fees: sometimes awarded in limited circumstances (not automatic)
Important: Courts tend to require proof (receipts, documentation, clear causation). Claims like “lost future salary for one year” can be harder unless there’s a fixed-term contract or special facts.
B. Possible claim: damages based on reliance (you changed your position)
Even where the employer argues “no final contract,” a candidate can sometimes pursue damages based on reasonable reliance—for example:
- you resigned from your previous job because of a definite start date;
- you relocated;
- you incurred expenses for medical tests/documents;
- you turned down other offers.
The strength of this depends on how clear the employer’s commitment was and whether your reliance was reasonable.
C. Possible claim: bad faith / misrepresentation
A stronger damages case can exist if the employer:
- issued an offer while knowing headcount was not approved;
- induced you to resign or relocate, then abruptly withdrew without truthful explanation;
- acted in a humiliating, oppressive, or clearly unfair manner;
- used the process to gather confidential info with no intent to hire (rare, but alleged in some disputes).
Bad faith is fact-specific; it’s not enough that the employer changed plans—they must have acted dishonestly or oppressively.
6) Discrimination angle: when withdrawal may violate specific Philippine protections
The Philippines does not have one single all-encompassing anti-discrimination statute covering all traits in all private employment situations. But there are specific laws and protections that can apply depending on the ground.
Examples of legally sensitive grounds often implicated in hiring/withdrawal disputes:
- Pregnancy / sex / marital status (various protections in labor and women-focused laws and policy)
- Age discrimination in employment (protected by a specific law)
- Disability discrimination (protected by disability-related law)
- HIV status confidentiality and non-discrimination (protected by HIV policy law)
- Retaliation for asserting certain legal rights (context-dependent)
If the “real reason” for rescission is one of these prohibited grounds, the candidate’s case can shift from “business decision” to “unlawful discrimination,” which can significantly change the risk profile for the employer. Evidence matters a lot here (messages, remarks, sudden change after disclosure, inconsistent reasons, etc.).
7) What you can realistically recover (and what’s hard to recover)
Commonly recoverable if well-documented
- Cost of pre-employment medical exams (if you paid)
- Document processing costs
- Travel costs for required hiring steps
- Relocation expenses (if clearly connected)
- Lost income in the gap if you can prove you resigned specifically because of the accepted offer and you mitigated damages by seeking work
Harder (but not always impossible)
- “Full salary I would have earned for a year” (unless you had a fixed-term contract or very specific proof)
- Large moral/exemplary damages (usually needs strong bad faith evidence)
Key practical principle: mitigation
If you claim losses, you generally strengthen your position by showing you tried to find replacement employment rather than letting damages accumulate.
8) Evidence checklist: what makes or breaks these cases
If you want leverage—whether in negotiation, mediation, or court—your paper trail is everything.
Collect and keep:
- Offer letter and all annexes
- Your acceptance (signed copy or email acceptance)
- Emails/messages confirming start date, onboarding, instructions
- Proof you resigned because of the offer (resignation letter, HR acknowledgment)
- Proof you declined other offers (emails)
- Receipts: medical, documents, travel, relocation, temporary housing
- Any explanation for rescission (especially if inconsistent across messages)
- Notes on phone calls (date/time, who spoke, what was said)
If discussions were mostly verbal, send a polite recap email (e.g., “To confirm our call today, you advised the offer is withdrawn due to…”)—this can be very useful later.
9) Options for action in practice (from least to most escalated)
A. Negotiate first (often fastest)
Many employers will offer one of these:
- signing assistance / ex gratia payment
- reimbursement of documented expenses
- short-term consulting arrangement
- priority consideration for another role
Pragmatically, a well-written demand letter with documents attached can lead to settlement.
B. Conciliation/mediation channels
Even when the dispute is arguably civil, parties often use mediation to settle quickly.
C. Demand letter → civil case for damages (if needed)
If settlement fails and you have a strong factual basis, you can consider a civil action for damages grounded on breach of contract and/or bad faith-related claims.
Note: The best procedural path can depend on the facts (e.g., whether you already started working), which is why lawyers often begin by mapping the timeline and documents.
10) Special situations you should watch for
A. “Employment bond” or training agreements
If the employer required a bond before you even start, scrutinize legality and fairness—some arrangements are abusive or poorly drafted.
B. Fixed-term contracts vs regular employment
If the offer clearly states a fixed term and you accepted, damages theories can look different than for open-ended employment.
C. Government hiring
Government hiring involves appointment processes and eligibility rules; an “offer” may not be final until formal appointment steps are completed.
D. Third-party recruiters
If a recruiter made promises beyond the employer’s authority, liability questions can get complicated; keep all recruiter communications too.
11) A practical template: what to include in a demand/settlement letter
A strong letter is usually:
- Timeline (offer date, acceptance date, start date, rescission date)
- Documents referenced (attach them)
- Losses (itemized with receipts)
- Legal basis in plain terms (accepted offer, reliance, withdrawal without valid basis / in bad faith)
- Request (specific amount or specific remedies: reimbursement + additional compensation)
- Deadline to respond (reasonable)
- Settlement openness (inviting amicable resolution)
Tone matters: factual, firm, non-inflammatory.
12) Bottom line: your “rights” depend on three things
- Was there clear acceptance of a definite offer (a contract)?
- Was the offer conditional, and did a real condition fail in good faith?
- Did you rely on the offer and suffer provable losses—or was there bad faith/discrimination?
If you want, paste (remove names) the exact wording of the offer’s key clauses (start date, conditions, withdrawal language) and the rescission message, and I’ll map what arguments are strongest based on the wording and timeline.